CAYSEA CONTRACTING CORP PLAINTIFF RESPONDENT v. INTERNATIONAL FIDELITY INSURANCE AND DUNDEE CENTRAL SCHOOL DISTRICT DEFENDANTS

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Supreme Court, Appellate Division, Fourth Department.

CAYSEA CONTRACTING CORP., PLAINTIFF–RESPONDENT, v. MASSA CONSTRUCTION, INC., DEFENDANT–APPELLANT, INTERNATIONAL FIDELITY INSURANCE, AND DUNDEE CENTRAL SCHOOL DISTRICT, DEFENDANTS.

CA 16–02275

Decided: September 29, 2017

PRESENT:  WHALEN, P.J., SMITH, CENTRA, PERADOTTO, AND CARNI, JJ. SHEATS & BAILEY, PLLC, BREWERTON (JASON B. BAILEY OF COUNSEL), FOR DEFENDANT–APPELLANT. LIPPES MATHIAS WEXLER FRIEDMAN LLP, BUFFALO (MARK C. DAVIS OF COUNSEL), FOR PLAINTIFF–RESPONDENT.

MEMORANDUM AND ORDER

It is hereby ORDERED that the order so appealed from is unanimously affirmed without costs.

Memorandum:  We affirm for reasons stated in the decision at Supreme Court.  We write only to note that defendant International Fidelity Insurance did not take an appeal from the order (see CPLR 5515[1] ) and, therefore, any contentions raised by it are beyond our review (see Hecht v. City of New York, 60 N.Y.2d 57, 61;  Matter of Sheldon v. Jaroszynski, 142 AD3d 762, 762–763).

Mark W. Bennett

Clerk of the Court